under the influence of a controlled substance

What is the name of your state?California
I have been charged with misdemeanor 11550(a) H&S - Under the influence of a controlled substance. I was cited out. How do I defend myself when in court. I never had my miranda rights reads to me. I was told to give a urine sample, and did so. I konw urine sample will come back positive for methamphetatmines becasue I currently take a prescription called "Concerta" which will cause a false positive. What is the max sentence and what is the most likely outcome?

aaronb1970 said:

What is the name of your state?California
I have been charged with misdemeanor 11550(a) H&S - Under the influence of a controlled substance. I was cited out. How do I defend myself when in court. I never had my miranda rights reads to me. I was told to give a urine sample, and did so. I konw urine sample will come back positive for methamphetatmines becasue I currently take a prescription called "Concerta" which will cause a false positive. What is the max sentence and what is the most likely outcome?

Click to expand...

**A: one way would be to hire an attorney.

You were cited, but were you arrested? Miranda rights refer to being arrested. If you weren't arrested, there was no need to read you your rights.

The police are required to read you your rights only if you are in custody and they are going to question you to obtain incriminating statements. It doesn't sound like they questioned you, so they weren't required to give you Miranda warnings. What incriminates you will be the offficer's testimony about the signs of being under the influence you were displaying and your urine test. If you have a prescription for that drug and there is scientific evidence that the drug causes false positives, then by all means plead not guilty and take it to trial. Otherwise, try to get into the Proposition 36 drug program.

aaronb1970 said:

What is the name of your state?California
I have been charged with misdemeanor 11550(a) H&S - Under the influence of a controlled substance. I was cited out. How do I defend myself when in court. I never had my miranda rights reads to me. I was told to give a urine sample, and did so. I konw urine sample will come back positive for methamphetatmines becasue I currently take a prescription called "Concerta" which will cause a false positive. What is the max sentence and what is the most likely outcome?

Click to expand...

If taken as prescribed, it will not come back in a sufficient concentration to register positive on any lab screening in CA that I know of.

If it comes back positive, you either have something else on board or overdid it.

- Carl